Annulment vs. Divorce: Understanding the Differences

Are divorce and annulment the same thing? Well they both are the end of a marriage, but they each have their own ways of ending things.

 

Divorce and annulment are both legal procedures designed to dissolve a marriage. However, a divorce ends a marriage and an annulment voids the original marriage contract, so it’s as if the marriage never occurred. If you’re weighing the idea of annulment vs. divorce, it’s important to understand the differences.

Why Get an Annulment?

There are many reasons for getting an annulment, but many people seek to have a marriage annulled because they don’t believe in divorce on religious grounds, or they do not want the stigma of having been divorced.

To receive an annulment, you must be able to demonstrate that the marriage was invalid from the start and, therefore, should be voided. Among the reasons for annulling a marriage:

  • You and your spouse are close blood relatives, or close relatives by marriage or adoption
  • Either spouse was impotent and the marriage was not consummated
  • Either spouse was still legally married to another person when the marriage occurred
  • Either spouse was not legally old enough to be married at the time the marriage occurred
  • Either spouse was forced into the marriage
  • Either spouse was not mentally competent when entering into the marriage contract
  • The marriage was fraudulent because either spouse failed to disclose details such as a criminal history, the presence of sexually transmitted diseases or impotence

Why Get a Divorce?

Many people will opt for a divorce because divorce no longer carries the social stigma that it once did. In contrast, an annulment can imply that one person did something wrong when agreeing to get married.

 

Read more: http://www.attorneys.com/divorce/annulment-versus-divorce

Legal Separation vs. Divorce

Legal Separation is an alternative to divorce and is a good choice for couples experiencing marital problems but who are not ready to divorce. This process can also be used in some cases as a basis for long-term reconciliation.

 

In a legal separation, the parties are still married, versus a divorce where the marriage is ended. A legal separation is a court order that mandates the rights and duties of a couple while they are still married, but living apart. In a divorce, the spouses are no longer married. Legal separations are not too common, but can be helpful to a situation where the spouses work through any personal or financial issues affecting the marriage. In proceedings for legal separation, the court decides the following, much as it would in divorce proceedings:

  • Separation maintenance: this includes spousal and child support, but is called something different to distinguish it from the effects of a divorce. The court papers for separation maintenance are usually filed by a lawyer through what is referred to as a “motion pending litigation”. The court’s decision on awards for separation maintenance does influence what each spouse is awarded should they later continue to divorce proceedings.
  • Child custody
  • Child visitation
  • Property division

Property division during legal separations and divorces are typically determined by the couple’s situation and how it relates to the property. The following situations are common forms of separation affecting property division:

Trial Separation

A trial separation refers to a period of time during which spouses live apart to decide whether or not to continue the marriage. This trial separation has no real legal effect, unlike a legal separation where the parties are ordered by a court to fulfill certain property divisions and duties. Instead, a trial separation is viewed as a period of time in the couple’s marriage. Any property or debt acquired during a trial separation is still considered to be acquired during the marriage, and hence, probably marital property. This is true even if the couple ultimately never gets back together. Not until either spouse decides to end the marriage does this property classification have the potential to change (depending on the state the couple lives in).

Living Separately

Sometimes, circumstances arise that lead to couples living apart with no intent, one way or the other, to continue the marriage. Additionally, some states have laws that require couples seeking to file a no-fault divorce to live apart for a designated period of time. Living separately can affect the property division. Property and debt acquired …

 

Read more: http://family.findlaw.com/divorce/legal-separation-vs-divorce.html

11 Marriage Regrets From The Divorced

Most people will make decision hastily and regret at certain point of life. There is always a stage that marriage could be rocky and dull that couples think that the only solution to improve their life is to get a divorce.

For most of us, moving on after divorce is easier said than done. You may cut ties with your ex and embrace life on your own, but thoughts of what you could have done differently always linger.

Below, HuffPost Divorce readers share the biggest regret they have about their marriages, from walking the down the aisle in the first place, to giving decades of their life to their exes when they knew the relationship didn’t stand a chance.

1. “I regret not realizing he was broken and that I couldn’t fix him.”

2. “My biggest regret? Staying seven years and giving my all because that’s what I felt society expected of me. If both of us weren’t going to give it our all, it was never going to work. The last five years of being on my own have been vastly better than all 14 years of my marriage.”

3. “We got in a fight the night of our rehearsal dinner. Sometimes I regret not running out the door and never looking back. But if I had done that, I wouldn’t have my two awesome kids. I guess that walk down the aisle was worth it after all.”

4. “That I wasn’t the husband that I have the full capability and potential to be.”

 

See more: http://www.huffingtonpost.com/2014/08/29/marriage-regrets_n_5737482.html

5 Factors That Predict If a Marriage Will Last, According to Divorce Lawyers

Understanding the common factors that might affect your marriage is very important. This will help you improve your union or perhaps make the right decision in marrying a person in the first place.

divorce.jpg
STOCKSY

Nobody enters into a marriage believing it’ll end in divorce. Yet some marriages end this way. While there’s no surefire way to know which marriages will last and which are headed for divorce, there’s one group of people who have observed some trends: divorce lawyers.

Here are some factors that might predict the length of a marriage, according to the people who have witnessed them fall apart.

1. The price of your engagement and wedding

Weird but true: According to an Emory University study, people who pay more than $20,000 for an engagement ring are three and a half times more likely to get a divorce than those who spend under $10,000. Former divorce lawyer and Wevorce founder Michelle Crosby has observed this with her own clients. “Those brides that blindly focus more on the ring, the dress, and the party instead of the importance of what it takes to have a healthy partnership are more likely to one day sell that ring to pay for their divorce,” she says. Divorce lawyer James J. Sexton agrees. “There’s a joke among divorce lawyers that the expense of the divorce is generally proportionate to the expense of the wedding,” he says.

2. How long you’ve been together

The movie The Seven Year Itch is based on a real phenomenon: Census Bureau data show that couples are most likely to get divorced around seven years of marriage. At this point, Crosby says, “couples are no longer excited by their relationship, and all those idiosyncrasies that were initially endearing become intolerable over time.” Other studies, however, have suggested there’s really more of a four-year itch. Either way, the longer you’ve been together, the more your partnership has proved itself.

3. Your age difference

It’s becoming more common for women to marry younger men, but for whatever reason, these marriages seem less likely to last. One study found that women three or more years older than their husbands are 53 percent more likely to get divorced than those who are just one year older or up to three years younger. Crosby can also confirm this one. “We’ve found that if a woman is much older than …

 

Read more: http://www.glamour.com/story/divorce-predictors

 

5 Tips for the Stay-At-Home Mom Planning Divorce

“Divorce is a life-changing experience for any family. For the stay-at-home mom, the consequences of ending a marriage can be even more dramatic. Many stay-at-home moms believe they will be able to maintain their current lifestyle after a divorce. Start putting the plan in motion as soon as possible after you and your spouse decide to divorce. Some states don’t require an extended period of separation before a divorce goes through, though some require up to a year’s separation before a divorce is granted. Make use of the time before and during the divorce to stabilize yourself and your children.”

For any mom, divorce is a hard thing to handle. For stay-at-home moms, it can be even tougher to handle, as you’ll have to figure out how to support yourself and the children without the income from your soon-to-be ex husband. Take a look at these tips to help you plan and survive on your own.

1. Consider Your Skills

Chances are you’ll have to go back to work. If it’s been awhile since you’ve been in the workforce, your skills may be outdated. In this case, the best thing you can do is use the skills you have to land a job, and look to tuition reimbursement, online colleges or on-the-job training to build your skill set.

2. Look for Jobs

Once you’ve determined your skills, search through various outlets, both online and off, to try to locate a job that matches your skill set. If nothing is available, consider visiting a local JobLink for help. Working from home may also be a possibility. Consider becoming a virtual assistant, freelance writer or a customer service representative. If these don’t suit you, there are several other work at home options, and you can find plenty of information here at WAHM.com.

Read more: http://www.wahm.com/articles/5-tips-for-the-stay-at-home-mom-planning-divorce.html

Revive Your Marriage: Revive Your Attitude

“When you and your partner get stuck in a cycle of negativity and resentment, it’s tempting to declare that your relationship is officially over. Long-term, committed love never is. But we’ll never find the intimacy we long for if we walk away, because the problem doesn’t lie entirely with our spouse. Until we learn to resolve conflicts God’s way, turning to him in prayer, following with wholehearted surrender in whatever he asks us to do, and fighting for those we love with everything we’ve got, we’ll continually move from one broken relationship to the next.”

Revive Your Marriage by Cultivating a New Attitude--and choosing to let some things go.

Today our topic is Revive Your Marriage through Reviving Your Attitude!

I have a friend that we’ll call Laura. Laura married her husband Jeff right out of university. Jeff came from a blue collar family, and was the first to pursue higher education among his immediate relatives. He was a hard worker, and Laura loved that about him. He was focused. He was responsible.

When they had children, Laura stopped working to stay at home, because Jeff was now a corporate exec in a multinational company. And Jeff worked. A lot. In fact, he worked at least six days a week, and of those six days, was only home two or three when the children were still awake. Fourteen hour days were par for the course.

Laura spoke with him about this at length when the kids were young, and his response was that he knew the kids were safe with her and thriving, but he needed to put in these hours so that they could reach their dreams, and be able to retire early and give their kids so many great experiences and opportunities. Laura told him that she thought the kids wanted more of him. He replied that this would mean having to leave his job, and there’s no way he’d find another one that would let him be home more at even half the income, so it wasn’t an option.

And this is where Laura made a decision that likely many people would find difficult, if not wrong.

Read more: http://tolovehonorandvacuum.com/2012/09/revive-your-marriage-revive-your-attitude/

10 Shocking Reasons Why Divorce Is SO Common These Days

“In life, things happen for a reason and divorce is one of those life events that just doesn’t happen by accident. Many couples find themselves wondering should we break up as a result of ongoing relationship problems. Marriage counseling can certainly help to provide answers. In today’s day and age, more marriages end in divorce, I’ve compiled a list of the top ten “symptoms” or reasons why divorce happens.”

Divorce
Photo by http://www.yourtango.com/

And guess what? Cheating is NOT on the list.

If you think that sexual infidelity is the leading cause of divorce, you’ve got it all wrong. We polled over 100 YourTango Experts to see what they say are the top reasons married couples decide to split, and, believe it or not, communication problems came out on top as the number one reason marriages fail.

Here are some other culprits our experts blame for the alarmingly high divorce rate:

1. You jumped into marriage for all the wrong reasons

Marrying for money — we’ve all heard that that is a ticket to a quick divorce — but what about when you marry because it’s what you think you should do?

I’ve met many divorced women who say the problems that made them leave were there right from the beginning but “everyone expected us to live happily ever after” or “we had already spent so much money on the wedding” or “we had just built our dream home.” So, remember, until you say “I do,” you always have the choice to say “I don’t!”

Read more: http://www.yourtango.com/experts/yourtango-experts/top-causes-divorce-expert

Getting Divorced or Separated? 7 Financial Mistakes Not to Make

“Separation or divorce is a stressful and upsetting time. It can also have a big effect on your finances. Because you never know what can happen, it’s vital to protect your money and assets from the potential ravages of divorce. If you suspect that your divorce will be a knock-down, drag-out fight or if you’re certain that your divorce won’t go smoothly, prepare to take the following steps prior to the start of your divorce.”

divorce

Breaking up is always hard to do. But just because your life has been upended by a divorce or separation, it doesn’t mean your finances have to suffer, too.

That’s exactly what can happen, however, if you make any number of wrong moves when you’re unwinding a relationship.

Here are seven financial mistakes you must avoid once you decide to end a marriage:

1. Thinking that a mediator will protect your financial interests.

Many of us think that all divorces inevitably devolve into epic, drawn-out battles over money and property, complete with bitter screaming matches, chronic stress, and “I’ll get you!” style threats, kind of like The War of the Roses, the 1989 film that starred Michael Douglas and Kathleen Turner.

Read more: http://www.dailyfinance.com/2011/06/09/getting-divorced-or-separated-7-financial-mistakes-not-to-make/